Hate Speech: 'The Kerala Story' Contains In Multiple Scenes

Case – The Kerala Story, a film allegedly based on the instances of a few women joining the Islamic State, claimed that 32,000 girls went missing in Kerala after being recruited by the radical Islamist group.

After a slew of petitions were filed before various courts seeking a ban on the film, the filmmakers agreed to withdraw the teaser and carry a disclaimer that the film’s content is fictional.
Supreme Court – A division bench of the Supreme Court refused to grant a stay and suggested to approach the Kerala High Court for relief.
High Court – The Kerala High Court refused to stay the film’s release, saying that there was no allegation against a particular religion as a whole and that certain claims have been made only against ISIS.
The bench highlighted that artistic freedom must be protected and there was a need to balance competing interests.
However, it allowed the petitioners to prosecute their complaint before the Central Board of Film Certification (CBFC) seeking re-examination of the film.

Arguments for Ban	Arguments against the Ban
Likely to cause hatred and enmity between different sections of society in India Infringes upon the constitutional values of equality and fraternity. Film blatantly promotes hateful and malicious propaganda. Has the potential to disturb public order, decency and morality, particularly women and the Muslim community.	The film was merely a form of art and cannot be conflated with hate speech. There was no allegation against a particular religion as a whole and that certain claims have been made only against ISIS. Artistic freedom must be protected and thus there was a need to balance competing interests.

What are the legal framework for dealing with hate speech?

Hate speech is an incitement to hatred against a particular group of persons marginalized by their religious belief, sexual orientation, and gender and so on.

Constitution – Hate speech is not defined in the constitution.
Article 19(1)(a) – It guarantees the right to freedom of speech and expression but imposes reasonable restrictions on speeches that cause hate, violence, ridicule or indignity.
Indian Penal Code (IPC)
- Section 153A – Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., doing acts prejudicial to maintenance of harmony
- Section 153B – Imputations, assertions prejudicial to national-integration
- Section 295A – Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
The Cinematograph Act 1952 – Empowers the Board of Film Certification to prohibit and regulate the screening of a film if it is likely to incite offence against public order, decency or morality, or involves defamation or contempt of court.
Cable Television Network Regulation Act 1995 – Requires cable news channels to adhere to a list of restrictions on content, prescribed under the programme code or advertisement code which have been defined under the Cable Television Network Rules 1994.
Law Commission – Proposed the addition of new provisions to the IPC, which are
- Prohibiting incitement to hatred under sections 153C and
- Prohibiting causing fear, alarm or provocation of violence under 505A.

What are the concerns with hate speech?

Concerns – Hate speech
- Infringes the dignity and equality of individuals
- Creates barriers of mistrust
- Creates hostility between individuals and groups
- Plants fears and obstructs normal relations
- Increases the caste based violence
Way forward – Recognizing the insufficiency of existing laws to deal with different forms of hate speech, the Law Commission proposed the addition of new provisions to the IPC
- Section 153C – Prohibiting incitement to hatred
- Section 505A – Prohibiting causing fear, alarm or provocation of violence